Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
98-1778
|
GMAC Mortgage Corp. v. Salisbury (In re Loloee)
Due process is denied when a lien priority dispute is resolved in a sale motion without an adversary proceeding. |
Bankruptcy |
|
Dec. 2, 1999 | |
98-1689
|
Yaden v. Robinson (In re Robinson)
Oregon law, limiting garnishment of earnings, serves as an exemption statute in bankruptcy. |
Bankruptcy |
|
Dec. 2, 1999 | |
98-1674
|
Missoula Federal Credit Union v. Reinertson (In re Reinertson)
Order approving reaffirmation agreement cannot be vacated where debtors missed the one-year cutoff for seeking relief from judgment. |
Bankruptcy |
|
Dec. 2, 1999 | |
98-1938
|
United Student Aid Funds Inc. v. Nascimento (In re Nascimento)
Discharge of student loan debt is improper where debtor didn't prove she was living at minimal standard or was unable to repay loans. |
Bankruptcy |
|
Dec. 2, 1999 | |
98-15592
|
Household Credit Services Inc. v. Ettell (In re Ettell)
In determining the dischargeability of credit card debt on the basis of fraud, the court can consider circumstantial evidence in addition to the 12 'Dougherty' factors. |
Bankruptcy |
|
Dec. 2, 1999 | |
99-3023
|
Parrin v. Helms (In re Parrin)
Order |
Bankruptcy |
|
Dec. 1, 1999 | |
98-1441
|
Debias v. Zeman (In re Debias)
Order |
Bankruptcy |
|
Nov. 24, 1999 | |
98-5080
|
In re Coope Manufacturing Corp. v. The Home Indemnit Company
Order |
Bankruptcy |
|
Nov. 19, 1999 | |
98-3049
|
Bankruptcy of Andersen
Where Chapter 13 plan is confirmed and an order of discharge is entered, absent timely appeal, confirmation of plan constitutes res judicata on issue of hardship. |
Bankruptcy |
|
Nov. 19, 1999 | |
98-5075
|
In re Ulsa Litho Company
Order |
Bankruptcy |
|
Nov. 19, 1999 | |
98-7152
|
In re Souther Star Foods Inc.
Order |
Bankruptcy |
|
Nov. 10, 1999 | |
98-1342
|
In re Country World Casinos Inc.
Creditor isn't entitled to interest on note during default and must pay fees and costs to 'prevailing party,' but need not reimburse environmental clean-up costs. |
Bankruptcy |
|
Nov. 10, 1999 | |
98-8072
|
In re Rivermeadows Associates
Order |
Bankruptcy |
|
Nov. 10, 1999 | |
98-1018
|
Bankruptcy of Western Pacific Airlines Inc.
Appeal of decisions on lessor's right to repossess aircraft collateral after default, and debtor's right to assign aircraft as collateral, are moot. |
Bankruptcy |
|
Nov. 10, 1999 | |
98-6276
|
Payne v. Clarendon National Insurance Co. (In re Sunset Sales Inc.)
Court has no jurisdiction to enter stay pending appeal unless it first recalls its mandate. |
Bankruptcy |
|
Nov. 9, 1999 | |
98-4086
|
McGavin v. Segal (In re McGavin)
Imposition of resulting trust requires clear and convincing evidence of the transferors intent at the time the transfer. |
Bankruptcy |
|
Nov. 4, 1999 | |
98-1147
|
Foster v. Hill (In re Foster)
A trustee does not per se control an individual debtors attorney-client privilege as to the debtors prepetition civil claims. |
Bankruptcy |
|
Nov. 4, 1999 | |
99-1019
|
Pacheco-Koveleski v. Brown (In re Brown)
Order |
Bankruptcy |
|
Nov. 4, 1999 | |
99-1085
|
Ung v. Boni (In re Boni)
Annulment of automatic stay can not be retroactively enforced where court is unable to fashion remedy for wrong. |
Bankruptcy |
|
Nov. 4, 1999 | |
98-1690
|
Moldo v. Matsco Inc. (In re Cybernetic Services Inc.)
Security interest in a patent is perfected by filing a financing statement with the secretary of state, not the U.S. Patent Office. |
Bankruptcy |
|
Nov. 4, 1999 | |
97-6430
|
Payne v. Clarendon National Insurance Co. (In re Sunset Sales Inc.)
Order |
Bankruptcy |
|
Nov. 3, 1999 | |
98-56014
|
California Franchise Tax Board v. Jackson (In re Jackson)
State isn't entitled to except tax claim from discharge due to failure to file a tax return based on the debtor's failure to report federal tax assessment. |
Bankruptcy |
|
Oct. 29, 1999 | |
98-35956
|
Zimmerman v. First Union National Bank (In re Silva and Selmasska)
Bankruptcy court has jurisdiction to require turnover of property of estate and to determine whether property is owned by debtor. |
Bankruptcy |
|
Oct. 29, 1999 | |
98-5216
|
In re: Lofton
Order |
Bankruptcy |
|
Oct. 28, 1999 | |
98-5197
|
In re Blagg
Order |
Bankruptcy |
|
Oct. 27, 1999 | |
99-1092
|
Hough v. Fry (In re Hough)
Dischargeability exception under 11 U.S.C. Section 523(a)(17) only applies to fees and costs imposed under federal statute against prisoner litigant. |
Bankruptcy |
|
Oct. 13, 1999 | |
98-1290
|
MacDonald v. Burgie (In re Burgie)
Proceeds from postpetition sale of debtors' residence are not disposable income that must be used to pay creditors under Chapter 13 plan. |
Bankruptcy |
|
Oct. 13, 1999 | |
98-36014
|
Soaring Eagles Orchards Inc. v. Chaussee (In re Indian Wells Orchards)
Re-litigation exception to Anti-Injunction Act allows injunction only where state litigation claims have been decided by federal court. |
Bankruptcy |
|
Oct. 11, 1999 | |
98-16764
|
Hunsaker v. Schwenk (In re Hunsaker)
Collateral estoppel is inapplicable where issue of fraud was not necessarily resolved by prior judicial arbitration award. |
Bankruptcy |
|
Oct. 11, 1999 | |
96-56773
|
Hoffman v. Bello (In re Hoffman)
Summary judgment properly granted for creditors on debtor's claim where no evidence of fraud was presented. |
Bankruptcy |
|
Oct. 11, 1999 |